Obligation-Conflict Resolution
Case 82-2 (1982) · Confidentiality of Engineering Report
Professional obligations conflict, and the board applies no fixed rule for which one wins.
Each resolution is recorded as three edges:
competesWith (the tension),
prevailsOver (the obligation the board allowed to win in this case), and
defeasibleUnder (the situation under which the yielding obligation gives way).
The same tension is then traced across comparable cases, where its resolution shifts with context.
Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it competition structure in OntServe
Featured
Engineer A Client Confidentiality Duty
prevails over
Engineer A Faithful Agent Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Good Faith Assumption
- Report Copy Sent to Realty Firm
Open tensions recorded without a resolution:
Engineer A Client Confidentiality Duty vs Engineer A Report Confidentiality Duty
What the board concluded
- Engineer A acted unethically in submitting a copy of the home inspection to the real estate firm representing the owners.
Recorded violations:
Unauthorized Report Disclosure violates Engineer A Report Confidentiality Duty
Unauthorized Report Disclosure violates Engineer A Client Confidentiality Duty
How comparable cases resolved this and related tensions
Read at the type level, this resolution is: Faithful Agent Obligation yields to Confidentiality Obligation. Comparison across cases happens at this level; the duty types recur while each case's obligations instantiate them. Cases below are grouped by how much of that pairing they share. A duty type that yields here may prevail elsewhere, which is the context-dependence itself, not an inconsistency.
Same tension: both duty types match, so the board ruled on this exact pairing. Related tension: only one duty type matches; the other duty differs, so these show how a type behaves elsewhere rather than a ruling on this pairing.
| Case | Prevailing type | Yielding type | Relation to this case |
|---|---|---|---|
| Related tension: one duty type matches (19) | |||
|
24-5
Sustainable Development and Resilient...
|
Faithful Agent Obligation | Professional Accountability Obligation | The yielding type here prevails there |
|
97-13
Duty To Report Unrelated Information...
|
Faithful Agent Obligation | Safety Obligation | The yielding type here prevails there |
|
93-3
Appropriate Notification And Review Of...
|
Faithful Agent Obligation | Peer Review Cooperation Obligation | The yielding type here prevails there |
|
08-10
Public Welfare—Design of Medical Equipment
|
Faithful Agent Obligation | Reporting Obligation | The yielding type here prevails there |
|
85-4
Objectivity of Engineer Retained as Expert
|
Faithful Agent Obligation | Objectivity Obligation | The yielding type here prevails there |
|
89-7
Duty To Report Safety Violations
|
Safety Obligation | Confidentiality Obligation | The prevailing type here yields there |
|
89-7
Duty To Report Safety Violations
|
Reporting Obligation | Confidentiality Obligation | The prevailing type here yields there |
|
90-5
Failure To Report Information Affecting...
|
Reporting Obligation | Confidentiality Obligation | The prevailing type here yields there |
|
90-5
Failure To Report Information Affecting...
|
Safety Obligation | Confidentiality Obligation | The prevailing type here yields there |
|
96-8
Peer Review - Confidentiality Agreements
|
Safety Obligation | Confidentiality Obligation | The prevailing type here yields there |
|
96-8
Peer Review - Confidentiality Agreements
|
Reporting Obligation | Confidentiality Obligation | The prevailing type here yields there |
|
24-1
Balancing Client Directives and Public...
|
Safety Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
22-2
Sharing As-Built Drawings
|
Disclosure Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
76-4
Public Welfare - Knowledge of Information...
|
Safety Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
76-4
Public Welfare - Knowledge of Information...
|
Reporting Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
89-7
Duty To Report Safety Violations
|
Reporting Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
89-7
Duty To Report Safety Violations
|
Safety Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
88-6
Whistleblowing - City Engineer
|
Safety Withdrawaland Notification Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
92-6
Public Welfare - Hazardous Waste
|
Safety Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
Closest instance-level matches, ranked on the specific obligations and contexts of this case:
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
88-6
Whistleblowing - City Engineer
|
Engineer A Proper Authority Reporting Duty | Engineer A Faithful Agent Duty | Loyalty Versus Public Protection Conflict |
|
89-7
Duty To Report Safety Violations
|
Engineer A Authority Notification Duty | Engineer A Faithful Agent Duty | Code Exception Disclosure Release |
|
76-4
Public Welfare - Knowledge of Information...
|
Engineer Doe Authority Reporting Duty | Engineer Doe Faithful Agent Duty | No Written Report Directive |
|
22-2
Sharing As-Built Drawings
|
Engineer D Formal Sharing Channel Duty | Engineer D Faithful Agent Duty | Informal As-Built Sharing Impropriety Appearance; Pre-Bid Selective Sharing Award Risk |
|
92-6
Public Welfare - Hazardous Waste
|
Engineer B Paramount Public Welfare Duty | Engineer B Faithful Agent Duty | Client Business Relationship Conflict |